HB 1271

AN ACT relating to the prosecution of the criminal offense of indecency

House Bill González, Mary
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

Modifies Texas law regarding indecency offenses by creating an affirmative defense for individuals who are within three years of age of the victim, did not use force or threats, and are not required to register as a lifetime sex offender. The change provides potential legal protection for close-in-age individuals in cases of alleged indecency, while maintaining restrictions for those with prior serious sex offense convictions. The bill would apply to offenses committed on or after September 1, 2025, and would not affect existing final convictions.

Subject Areas

Bill Text

relating to the prosecution of the criminal offense of indecency
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 21.11(b), Penal Code, is amended to read
(b)  It is an affirmative defense to prosecution under this
(1)  was not more than three years older than the victim
(2)  did not use duress, force, or a threat against the
victim at the time of the offense; and
(3)  at the time of the offense:
(A)  was not required under Chapter 62, Code of
Criminal Procedure, to register for life as a sex offender; or
(B)  was not a person who under Chapter 62, Code of
Criminal Procedure, had a reportable conviction or adjudication for
SECTION 2.  The change in law made by this Act applies to an
offense committed on or after the effective date of this Act and to
any criminal action pending on the effective date of this Act for an
offense committed before that effective date.  A final conviction
for an offense under Section 21.11, Penal Code, that exists on the
effective date of this Act is unaffected by this Act.
SECTION 3.  This Act takes effect September 1, 2025.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to the prosecution of the criminal offense of indecency